State v. Krimmel, 83-342

• Citation: 346 N.W.2d 396,216 Neb. 825
• Decision Date: 23 March 1984
• Docket Number: No. 83-342,83-342
• Parties: STATE of Nebraska, Appellee, v. Vern S. KRIMMEL, Appellant.
• Court: Supreme Court of Nebraska

Page 396

346 N.W.2d 396

216 Neb. 825

STATE of Nebraska, Appellee, v. Vern S. KRIMMEL, Appellant.

No. 83-342.

Supreme Court of Nebraska.

March 23, 1984.

Syllabus by the Court

1. Homicide: Mental Competency. In order to prove the requisite mental state for murder in the first degree, the State is required to show a condition of the mind which was manifested by intentionally doing a wrongful act without just cause or excuse and which is defined as any willful or corrupt intention of the mind.

2. Homicide: Photographs. In a homicide case photographs of the victim are admissible, even if gruesome, if a proper foundation is laid and they are received for purposes of identification, to show the nature and extent of the wounds, and to establish malice or intent.

Thomas M. Kenney, Douglas County Public Defender, and Stanley A. Krieger, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., and Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

BOSLAUGH, Justice.

The defendant, Vern S. Krimmel, appeals from his conviction for first degree murder and sentence to life imprisonment. On appeal Krimmel contends that there was insufficient evidence to support the conviction and that the court erred in admitting certain photographs.

The body of the victim, Louis Garland, was found in the bathtub at his residence on November 5, 1982, by his brother, Charles Garland. The victim had approximately 25 stab wounds and lacerations on his neck and back. Following an investigation, the police arrested Krimmel, who had performed various "odd jobs" for the victim. Krimmel admits that he killed the victim.

Krimmel was charged with purposely killing Garland "with deliberate and premeditated malice or during the perpetration of a robbery." The evidence shows that on November 3, 1982, Krimmel told Charlotte Zogg, a friend of his, that he was going to collect a debt from "some guy" on the following day. At about 8 p.m. that evening Krimmel called the victim from Zogg's apartment and made arrangements to visit the victim the next day. Before he left Zogg's apartment, Krimmel asked Zogg if she had a knife. He selected a small paring knife from her set of kitchen knives.

Krimmel went to Garland's home on November 4, 1982, and requested that Garland pay the money he owed Krimmel. The victim gave Krimmel $5. Krimmel testified that Garland "was trying to cheat me out of my money that he owed me," and Krimmel became enraged. Krimmel admitted that he then took the knife and stabbed Garland to death.

Krimmel left the scene and went to Zogg's apartment. His clothes were blood stained. He had the victim's billfold and other personal items with him. At the time the body was discovered, the pockets of the victim's pants were found turned inside out.

The evidence was sufficient to support a finding of guilty of first degree murder beyond a reasonable doubt. The statute under which defendant was charged provides: "A person commits murder in the first degree if he kills another person (1) purposely and with deliberate and premeditated malice ...." Neb.Rev.Stat. § 28-303(1) (Reissue 1979).

There is no dispute that Krimmel killed the victim. In order to prove the requisite mental state, deliberate and premeditated malice, the State was required to show a condition of the mind which was manifested by intentionally doing a wrongful act without just cause or excuse and which is defined as any willful or corrupt intention of...